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Tag Archives: Judge Robert P. Frank

Prior drug conviction triggers enhanced penalty

Where appellant was previously convicted of possession with intent to distribute imitation cocaine, that conviction qualifies as a predicate offense, which triggers statutory enhanced sentencing penalties for his current conviction for possession with the intent to distribute heroin and fentanyl, ...

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Pre-existing condition limits disability award

The Virginia Workers’ Compensation Commission correctly determined that claimant had a pre-existing condition that affected her ability to use her hip. Further, the commission correctly determined that although her treating physician opined that she had a 50 percent disability, she ...

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Commonwealth’s jury trial request was not vindictive

Where appellant claims the prosecutor violated his speedy trial rights by vindictively dismissing the charges and reindicting him, the record establishes that the prosecutor dismissed and reindicted due to conflicts in the trial court’s schedule. Overview On Oct. 1, 2018, ...

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Previously available evidence dooms actual innocence writ

The court denies a petition for a writ of actual innocence because it was based on evidence available to petitioner before his conviction became final in the circuit court. Background On July 27, 2010, petitioner Johnson pleaded guilty to bank ...

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Dual convictions did not violate double jeopardy

Where appellant was convicted in two different counties for felony eluding, there was no double jeopardy violation. Even though the convictions arose from the same incident, the motorists endangered were not the same in the two counties. Background In Chesterfield ...

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Insufficient evidence of possession in drug case

Even though the police discovered documents and court papers bearing appellant’s name in an apartment bedroom, there was insufficient evidence that appellant constructively possessed marijuana and Xanax that was also found in the bedroom. His possession with intent to distribute ...

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